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Patna High Court

Prince Kumar @ Prince Rai @ Prince RajversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner subject to conditions under Section 482(2) of the B.N.S., 2023.

Summary

Prince Kumar applied for anticipatory bail after being implicated in a FIR alleging physical relations under false promise of marriage, with charges under several sections of the B.N.S., 2023 and the POCSO Act. The petitioner asserted a clean antecedent and claimed the informant’s allegations were false, noting that the informant had an existing marriage and chose not to appear after receiving notice. The State opposed the bail. The court examined the credibility of the allegations, the petitioner’s background, and the possibility of misuse of the criminal process. Relying on the principles of Section 482(2) of the B.N.S., the court granted anticipatory bail, subject to a cash bond and sureties, and imposed standard bail conditions. The order was made to ensure the petitioner’s liberty pending arrest or surrender within six weeks.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the charges framed under the B.N.S., 2023 and the POCSO Act
  • Whether the allegations in the FIR constitute a false case warranting denial of bail

Legislation cited

Subjects

  • anticipatory bail
  • false complaint
  • POCSO Act
  • Section 482
  • criminal procedure
  • bail conditions
  • clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.70565 of 2025
                    Arising Out of PS. Case No.-90 Year-2025 Thana- MOHANPUR District- Samastipur
                 ======================================================
                 Prince Kumar @ Prince Rai @ Prince Raj S/O Ram Naresh Rai Resident of
                 Village/Mohalla - Sarari, P.S- Mohanpur, District- Samastipur

                                                                                 ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar
           2.    ABC D/O DEF R/O Vill.- Patepur, P.S.-Patepur, Dist.- Vaishali through SHO
                 of Mohanpur P.S., Dist.- Samastipur

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Dr. Harendra Nath Ojha
                 For the Opposite Party/s :      Mr. Jitendra Kumar Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

4   09-04-2026                  1. Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Sections 126(2),

                   115(2), 89, 69, 352, 351(2) and 3(5) of the B.N.S., 2023 and

                   Sections 4/6 of POCSO Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent. It is next submitted

                   that from perusal of office report dated 09.01.2026, it would

                   manifest that the notice has been received by O.P. No.2 but then

                   O.P. No.2 despite receiving notice chooses not to appear and

                   contest. It is next submitted that in sum and substance the
Patna High Court CR. MISC. No.70565 of 2025(4) dt.09-04-2026
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          allegation as alleged in the FIR by the informant is that

          petitioner established physical relation on false promise of

          marriage.

                       4. Learned counsel for the petitioner submits that

          petitioner has been falsely implicated in the instant case by the

          informant. It is next submitted that from perusal of the

          allegation as alleged in the FIR, it would manifest that the

          relationship in between the informant and the petitioner was

          consensual and was in between two consenting adult. It is also

          submitted that informant from before was married to Pintu and

          without divorcing him and disclosing the said fact she fell in

          love with the petitioner and when petitioner came to know about

          her earlier marriage, he resiled from marrying her when the

          instant false case came to be instituted. It is also submitted that

          this perhaps explains why informant despite receiving notice

          chooses not to appear and contest.

                       5. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       6. Considering the submissions made by the learned

          counsel for the petitioner, the petitioner above-named, in the

          event of his arrest or surrender within a period of six weeks

          from today, be released on anticipatory bail on furnishing bail
             Patna High Court CR. MISC. No.70565 of 2025(4) dt.09-04-2026
                                                         3/3




                       bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties

                       of the like amount each to the satisfaction of the learned trial

                       court where the case is pending/successor court in connection

                       with Mohanpur P.S. Case No.90/2025, subject to the conditions

                       as laid down under Section 482(2) B.N.S.S.




                                                 (Satyavrat Verma, J)
amit/-

U        T


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